Welcome to the latest edition of AlphaStaff's Monthly Compliance Updates!
We are pleased to provide you with October's state legal updates and highlighted resources provided by some of AlphaStaff’s trusted legal partners to guide and help keep you in compliance. There were no federal updates in October.
State Updates
The Latest Employment Laws in California
California has recently passed a bevy of laws that will impact employers in the state in several ways. Many of the new laws become effective on January 1, 2025. A summary of the most notable new laws is included below:
- Employer “captive audience” meetings are now banned
- New law broadens the scope of workplace protection for victims of violence leave
- Employers must implement a 2-part test when requesting a driver’s license during hiring
- New law expands protections for freelance workers
- New law allows local agencies to enforce federal and state employment discrimination claims
Please follow this link to access the Fisher Phillips article that provides a more in-depth discussion of these new laws.
Top 7 New Workplace Safety Laws California Has Adopted
The California legislature has passed several new workplace safety laws, along with agency rule changes that will impact employers across the state. Key developments include:
- Workplace Violence Prevention: As highlighted in the January 2024 and March 2024 editions of the AlphaAdvisor, employers must have implemented a Workplace Violence Prevention Plan by July 2024.
- Indoor Heat Standard: As highlighted in the July 2024 edition of the AlphaAdvisor, employers were required to address heat hazards in indoor workspaces exceeding 82 degrees Fahrenheit, impacting warehouses and similar settings.
- Narcan in First Aid Kits: By December 2027, employers must include opioid overdose medication (Narcan) in first aid kits.
- Weapon detection in hospitals: Hospitals must implement weapon screenings at key entrances by 2027.
- Household worker protections: Domestic workers will be covered by Cal/OSHA standards beginning July 2025, with certain exceptions.
- Biofuel Refineries: Safety management standards now extend to biofuel refineries.
California employers should review these new requirements (from Fisher Phillips) and update their safety protocols to ensure compliance.
San Diego County Adds New Law Regulating the Use of Criminal Records in the Hiring Process (California)
Effective October 10, 2024, a new ordinance in unincorporated areas of San Diego County regulates employer inquiries into job applicants’ criminal records. Employers with five or more employees in these areas must comply with restrictions that mostly align with California state law. Employers cannot mention criminal records in job postings or applications, inquire about criminal history before a conditional job offer, or act against candidates based on such information unless legally required. Employers also cannot consider non-conviction arrests, expunged records, and pardons. They must conduct written, individualized assessments to determine if a criminal record directly impacts the specific job duties. Employers must provide candidates with a pre-adverse action notice and a minimum of five business days to respond before taking any action based on criminal history. Employers are required to retain records related to these assessments for one year.
To ensure compliance, employers should update job applications, postings, and hiring processes. Training staff on permissible inquiries and the timing of background checks is also recommended. Employers should also review communications and notices related to conditional job offers and adverse actions to align with the new requirements.
Click here to read more from Littler.
Landmark Privacy Regulations Could Soon Require Colorado Employers to Comply With Biometric Info Law
As highlighted in the June 2024 edition of the AlphaAdvisor, Colorado passed House Bill 24-1130 amending the Colorado Privacy Act (CPA). Effective July 1, 2025, the amendment expands the scope of application for the CPA, adding language that applies to employers and expanding the definition of biometric data and biometric identifiers. On September 13, 2024, Colorado’s Attorney General published proposed new regulations for the CPA that, if approved, would better align with the recent amendments. Key provisions include limiting employer collection of biometric data for the purposes of accessing secure physical locations and electronic systems, timekeeping, and improving or monitoring workplace/public safety. Employers will need to provide clear, accessible notices and obtain affirmative consent before collecting biometric data. These notices must detail data sources, processing purposes, third-party disclosures, and the type of biometric data shared. Additionally, compliance requirements include developing a data retention policy and breach response protocol. House Bill 24-1130 and Senate Bill 24-041 further strengthen protections, notably for minors, by imposing stringent consent and data protection assessment requirements.
Employers should begin preparing by reviewing biometric consent procedures, updating privacy policies for clarity and compliance, and evaluating their audience for potential minor data handling to ensure adherence to these evolving standards.
Click here to read more from Fisher Phillips.
Kentucky OSHA Adopts Emergency Regulation in Line with New Federal Rule on “Walkaround” Inspections
Effective October 1, 2024, Kentucky has aligned its workplace safety regulations with the federal OSHA rule allowing employees to designate third parties, including union representatives, to accompany state safety inspectors during facility walkarounds. The federal OSHA rule was implemented earlier this year and broadened access for union representatives even at non-union workplaces. Kentucky employers should note that these designated representatives are no longer required to be employees of the company, nor are they limited to specific professionals like safety engineers.
Kentucky employers retain their Fourth Amendment rights and state property rights, meaning that Education and Labor Cabinet’s Department of Workplace Standards, Division of Occupational Safety and Health Compliance (KOSH) inspectors must still obtain employer consent or a warrant to access the premises. Employers should consult with legal counsel to navigate these rights, especially if they choose to request a warrant from KOSH. Employers should consider participating in the public comment period, with hearings scheduled for November 25, 2024, and December 23, 2024.
Given that the federal rule is being challenged in court, AlphaStaff will continue to monitor developments and keep you updated.
Click here to read more from Fisher Phillips.
7-Eleven Franchisees Are Not Employees Under Massachusetts Law
The Massachusetts Supreme Judicial Court (SJC) ruled that 7-Eleven franchisees are not performing a “service” for the franchisor, meaning the state’s stringent ABC test for determining independent contractor status does not apply to these franchise relationships. This decision, stemming from a lawsuit initiated in 2017, clarified that 7-Eleven franchisees operate as independent businesses, not as employees. Despite franchisees complying with certain obligations under the franchise agreement and paying fees, the SJC determined that this typical franchisor-franchisee relationship does not transform them into employees. This outcome, likely reinforcing a federal ruling in favor of 7-Eleven, is significant for other franchises operating under similar models in Massachusetts.
Click here to read more from Fisher Phillips.
Massachusetts Expands Use of Sick Time to Include Pregnancy-Related Physical and Mental Health
Effective November 21, 2024, Massachusetts employees will have expanded reasons to use earned sick leave under the state’s sick leave statute. This expansion allows employees to use sick time for their own or their spouse’s physical and mental health needs related to pregnancy loss or failed assisted reproduction, adoption, or surrogacy. Additionally, employees can continue to use sick leave for their own or their family’s illnesses, routine medical care, and to address domestic violence impacts.
This change follows federal laws such as the Providing Urgent Maternal Protection (PUMP) Act, which mandates break time and private spaces for nursing employees, and the Pregnant Workers Fairness Act (PWFA), which requires accommodations for pregnancy-related conditions similar to those under the ADA. Employers should review these updates and adjust their policies accordingly to ensure compliance.
Click here to read more from Fisher Phillips.
Maryland’s Heat Stress Regulation Took Effect September 30, 2024
Maryland’s new Heat Illness Prevention Standard, effective September 30, 2024, requires employers to implement measures to protect employees from heat hazards when the heat index reaches 80°F or higher, in both indoor and outdoor settings. The regulation mandates a written Heat Illness Prevention and Management Plan outlining water provision (32 ounces per hour per employee), hydration encouragement, symptom recognition, rest break schedules, heat exposure training, and a 14-day acclimatization period for new or returning workers. For heat indexes of 90°F or above, high-heat procedures apply, including mandatory rest breaks and monitoring for heat illness. Employers must also develop emergency response protocols and provide initial and annual retraining, especially following heat-related incidents.
Maryland employers should review their heat monitoring methods and develop compliance plans immediately to adhere to these new requirements.
Click here to read more from Littler.
Prince George’s County Amends Criminal Background Check Law (Maryland)
Prince George’s County, Maryland, has amended its Fair Criminal Record Screening Standards with the enactment of Bill CB-019-2024, effective September 16, 2024. Renamed “Access to Employment for Returning Citizens,” the ordinance tightens employer restrictions on conducting criminal background checks. It lowers the employer coverage threshold to those with 10 or more full-time employees (from the previous 25). Employers may only inquire about an applicant’s criminal history after the initial interview and are restricted in considering specific records, such as nonviolent felony convictions completed over five years ago, misdemeanors completed over 30 months ago, arrests without convictions, and marijuana-related offenses. Expanded definitions of terms like “arrest” and “conviction” further restrict employer inquiries.
The ordinance is more stringent than Maryland’s statewide Ban-the-Box law and aligns with other local jurisdictions, such as Montgomery County and Baltimore City. Employers should review and amend their background check procedures to comply with these restrictions.
Click here to read more from Littler.
Pittsburgh Ordinance Bans Tests for Many Prospective and Current Employees Who Use Medical Marijuana (Pennsylvania)
Pittsburgh’s new ordinance, effective September 24, 2024, prohibits discrimination against medical marijuana patients. Employers with five or more employees, employment agencies, and labor organizations cannot mandate pre-employment marijuana tests for applicants holding valid Pennsylvania medical marijuana cards. The ordinance also restricts employers from testing current employees who are medical marijuana patients unless there is suspicion of impairment.
Medical marijuana patients are defined as individuals certified under Pennsylvania law for medical marijuana use due to a qualifying condition. The ordinance includes several safety-related exceptions, such as positions regulated by the U.S. and Pennsylvania Departments of Transportation, roles requiring the carrying or use of firearms, or those under specific collective bargaining agreements addressing drug testing. Employers can still discipline employees if they are under the influence of medical marijuana at work or if their conduct does not meet job standards. Employers may also test for other controlled substances, conduct for-cause tests if impairment is suspected, or test after a workplace accident.
Click here to read more from Littler.
